factfinder hearing in Alabama

1987In the last paragraph of its opinion, quoted supra, the Court of Civil Appeals correctly states that “[t]he granting or denying of a new trial on the basis of newly discovered evidence rests largely in the trial court’s discretion” and “the exercise of that discretion depends largely upon the credibility of the alleged new evidence.” A further point omitted by the Court of Civil Appeals is that “[t]he trial court is the factfinder in a hearing on a motion for new trial." (Emphasis added.) McDonald v. State, 451 So.2d 440 (Ala.Crim.App.1984) (cited in the opinion of the Court of Civil Appeals,

1985As we stated in McDonald v. State, 451 So.2d 440 (Ala.Cr.App.1984): "The trial court is the factfinder in a hearing on a motion for new trial.

1995McDonald v. State, 451 So.2d 440 (Ala.Cr.App.1984).' " McMillian v. State, 594 So.2d 1253, 1264 (Ala.Cr.App.1991), remanded as to result, 594 So.2d 1288 (Ala.1992). `This Court can neither pass judgment on the possible truthfulness or falsity of testimony, ... nor on the credibility of witnesses.' Collins v. State, 412 So.2d 845, 846 (Ala.Cr.

1994McDonald v. State, 451 So.2d 440 (Ala.Cr.App.1984).’ “McMillian v. State, 594 So.2d 1253, 1264 (Ala.Cr.App.1991), remanded as to result, 594 So.2d 1288 (Ala.1992). ‘This Court can neither pass judgment on the possible truthfulness or falsity of testimony, ... nor on the credibility of witnesses.’ Collins v. State, 412 So.2d 845, 846 (Ala.Cr.App.1982). ‘[A] presumption of correctness will continue to be indulged in favor of the trial court’s factual findings, and the trial court’s ruling on the motion will be upheld on appeal unless it is clearly erroneous.’ [Ex parte] Frazier, 562 So.2d [560]

1995Snider v. State, 473 So.2d 579 (Ala.Cr.App.1985); Robinson v. State, 389 So.2d 144 (Ala.Cr.App.), cert. denied, 389 So.2d 151 (Ala.1980). *466 The trial court is the factfinder in a hearing on a motion for a new trial, and a condition to the granting of a new trial on the basis of newly discovered evidence is that the trial court must believe the evidence presented.

1989App), cert. denied , 389 So.2d 151 (Ala. 1980.) 'The trial court is the factfinder in a hearing on a motion for new trial.

1995Snider v. State, 473 So.2d 579 (Ala.Cr.App.1985); Robinson v. State, 389 So.2d 144 (Ala.Cr.App.), cert. denied, 389 So.2d 151 (Ala.1980). *466 The trial court is the factfinder in a hearing on a motion for a new trial, and a condition to the granting of a new trial on the basis of newly discovered evidence is that the trial court must believe the evidence presented.

1986Snider v. State , 473 So.2d 579 (Ala.Cr.App. 1985); Robinson v. State , 389 So.2d 144 (Ala.Cr.App.), cert. denied , 389 So.2d 151 (Ala. 1980.) "The trial court is the factfinder in a hearing on a motion for new trial.

1995Snider v. State, 473 So.2d 579 (Ala.Cr.App.1985); Robinson v. State, 389 So.2d 144 (Ala.Cr.App.), cert. denied, 389 So.2d 151 (Ala.1980). *466 The trial court is the factfinder in a hearing on a motion for a new trial, and a condition to the granting of a new trial on the basis of newly discovered evidence is that the trial court must believe the evidence presented.

1986Snider v. State , 473 So.2d 579 (Ala.Cr.App. 1985); Robinson v. State , 389 So.2d 144 (Ala.Cr.App.), cert. denied , 389 So.2d 151 (Ala. 1980.) "The trial court is the factfinder in a hearing on a motion for new trial.

1989It also seems rather odd that there should be one rule that allows the trial court to be the factfinder in a hearing on a motion for new trial, see Isom v. State , 497 So.2d 208 (Ala.Crim.App. 1986), and another rule that, at least on its face, seems to prohibit the trial court from fulfilling that function.

1989One condition of the trial court's granting a new trial on the basis of newly discovered evidence is that the court must believe the evidence presented at the hearing.' McDonald v. State , 451 So.2d 440 , 442 (Ala.Cr.App. 1984)." Isom v. State , 497 So.2d 208 , 212 (Ala.Cr.App. 1986).

1994"The trial court is the factfinder in a hearing on a motion for a new trial, and a condition to the granting of a new trial on the basis of newly discovered evidence is that the trial court must believe the evidence presented." McMillian v. State , 594 So.2d 1253 , 1264 (Ala.Crim.App. 1991), remanded , 594 So.2d 1289 (Ala. 1991).

1987However, in the present case, the trial court’s order makes it clear that the trial court did not first engage in a factfinding process and then reject petitioner’s affidavits because it had weighed the credibility of that evidence and found that it failed to meet the requisite criteria set out in Welch v. Jones, 470 So.2d 1103 (Ala.1985).